2017 (11) TMI 2044 - HC - Indian Laws

Seeking withdrawal of the LOC notice issued against the petitioner - HELD THAT - In view of the fact that the petitioner has been secured pursuant to the issuance of the LOC, it would amount to the LOC having abated. Consequently, the petitioner would be free to travel in and out of the country and the respondents shall not prevent him from moving in and out of the country by referring to the earlier LOC DATED 19.07.2016. The Writ Petition is allowed.

Summary

Issues:
Petition to withdraw lookout notice against petitioner for joining duty in Germany.

Analysis:
The petitioner filed a petition seeking the withdrawal of a lookout notice issued against him to enable him to join duty in Germany. The lookout notice was issued in connection with a pending investigation in Crime No.2 of 2016. The petitioner was apprehended at the Chennai International Airport based on this notice and produced before the police station and the court. The petitioner argued that the lookout notice had lapsed due to his appearance before the court and sought its withdrawal.

The court referred to a previous judgment and outlined two scenarios in which a lookout notice lapses: either when a year has passed without extension, or when the purpose of the notice is fulfilled by producing the accused before the authority. Citing a specific case, the court emphasized that the purpose of a lookout notice is to secure the accused for investigation, and once achieved, the notice becomes non-operative. The court likened this situation to the lapsing of warrants once the accused is produced before the court.

Furthermore, the court highlighted that if the presence of the accused is required again, a fresh cause of action would be needed, warranting a new lookout notice. The court referenced another judgment to support the argument that once the purpose of the lookout notice, such as interrogation or trial, is fulfilled, the notice loses its legal effect. Therefore, in the present case, since the petitioner had been detained and produced before the Investigating Officer, the lookout notice was deemed non-operative.

Consequently, the court allowed the writ petition, directing that since the lookout notice against the petitioner had lapsed, he was free to travel in and out of the country without any restrictions imposed by the earlier notice. The court concluded the judgment by stating that no further orders were necessary, and the petitioner could travel freely without reference to the expired lookout notice.